1.By way of the present application under Section 389 of the Code of Criminal Procedure, 1973 , the applicant - accused is seeking suspension of sentence and release on regular bail during pendency of the present appeal against the judgment and order of conviction dated 07.01.2023 passed in Sessions Case No. 405 of 2018 by the learned Sessions Judge (Court No. 1), City Civil and Sessions Court, Ahmedabad, whereby, the present applicant - accused was sentenced to five years rigorous imprisonment and fine of Rs. 5,000/- and in default, seven days rigorous imprisonment for the offence punishable under Section 392 of IPC and seven years rigorous imprisonment and fine of Rs. 5,000/- and in default, ten days rigorous imprisonment for the offence punishable under Section 397 of IPC . Both the sentences were ordered to run concurrently.

2.Learned advocate Mr. Darshan Dave for the applicant submits that the applicant has been convicted for a fixed period of seven years and if the evidence of the prosecution is perused, there is no evidence that the applicant is involved in the offence. That the test identification parade was conducted by the Executive Magistrate but the prosecution has